カリフォルニアAI規制SB942の施行日・対象・3つの義務と罰則

[ Approved by Governor September 19, 2024. Filed with Secretary of State September 19, 2024. ] ／ This chapter shall become operative on January 1, 2026. — 知事の承認日とSB942が定めていた当初の施行日に関する記述より

An act to amend Sections 22757.1, 22757.4, and 22757.6 of, and to add Sections 22757.3.1, 22757.3.2, and 22757.3.3 to, the Business and Professions Code, relating to artificial intelligence. ／ [ Approved by Governor October 13, 2025. Filed with Secretary of State October 13, 2025. ] ／ This bill would delay the operation of the California AI Transparency Act until August 2, 2026. ／ 22757.6. This chapter shall become operative on August 2, 2026. — 条の改正と追加の範囲、知事の承認日、施行日の変更に関する記述より

An act to amend Sections 22757.1, 22757.2, 22757.3, 22757.4, and 22757.5 of, and to add and repeal Section 22757.4.1 of, the Business and Professions Code, relating to artificial intelligence, and declaring the urgency thereof, to take effect immediately. ／ [ Approved by Governor September 30, 2026. Filed with Secretary of State September 30, 2026. ] ／ This bill would recast those provisions to, among other changes, delete the user threshold from the definition of “covered provider,” replace the term “AI detection tool” with “disclosure verification tool,” delete the above-described requirement of a covered provider to offer the user the option to include a manifest disclosure in content, and additionally require a covered provider to include in the above-described latent disclosure whether the GenAI system created or altered the content. ／ This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. — 改正と追加の範囲、知事の承認日、改正内容の要約、緊急立法の宣言より

An act to amend Section 22757.3.1 of the Business and Professions Code, relating to artificial intelligence. ／ [ Approved by Governor September 30, 2026. Filed with Secretary of State September 30, 2026. ] — 改正する条と知事の承認日に関する記述より

(b) “Assistive technology” means an item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities and any service that directly assists an individual with a disability in the selection, acquisition, or use of the item, equipment, or product system. ／ (e) “Covered provider” means a person that creates, codes, or otherwise produces a generative artificial intelligence system that is publicly accessible within the geographic boundaries of the state. ／ (g) “Generative artificial intelligence system” or “GenAI system” means an artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system’s training data. ／ (n) “Provenance data” means information about the origin of a piece of digital content and the history of modifications to the content that is in a format that is compliant, or interoperable with, widely adopted specifications adopted by an established standards-setting body. ／ (o) “System provenance data” means provenance data that is not reasonably capable of being associated with a particular user and that contains either of the following: (1) Information regarding the type of device, system, or service that was used to generate a piece of digital content. (2) Information related to content authenticity. ／ 22757.5. (a) This chapter does not apply to any product, service, internet website, or application that provides exclusively non-user-generated videogames. (b) Before January 1, 2029, this chapter does not apply to a GenAI system that is designed to primarily function as assistive technology. — 支援技術・対象提供者・生成AIシステム・来歴データ・システム来歴データの定義と、適用除外の規定より

“Covered provider” means a person that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state. — SB1000による改正前の、対象提供者を定義する規定より

This chapter does not apply to any product, service, internet website, or application that provides exclusively non-user-generated video game, television, streaming, movie, or interactive experiences. — SB1000による改正前の、適用除外を定める規定より

(l) “Minor modification” means any of the following alterations: (1) A change to brightness, contrast, or color. (2) Sharpening. (3) Saturating. (4) File resizing. (5) Scaling. (6) Cropping. (7) File format conversions. (8) Denoising and removal of background noise in audio. ／ 22757.3. (a) To the extent it is technically feasible, a covered provider shall include a latent disclosure that meets all of the following criteria in any image, video, or audio content, or content that is any combination thereof, created or altered, except by minor modification, by the covered provider’s GenAI system: (1) The disclosure conveys all of the following information, either directly or through a link to a permanent internet website: (A) The name of the covered provider. (B) The name and version information of the GenAI system that created or altered the content. (C) The time and date of the content’s creation or alteration. (D) A unique identifier. (E) Whether the GenAI system created or altered the content. (F) On and after January 1, 2029, whether the GenAI system is designed to primarily function as assistive technology. (2) The disclosure is permanent or extraordinarily difficult to remove or tamper with. (3) The disclosure is compatible with the covered provider’s disclosure verification tool. (4) The disclosure is compliant or interoperable with widely recognized industry standards. ／ (b) (1) If a covered provider licenses its GenAI system to a third party, the covered provider shall, when it provides the license, notify the licensee of the licensee’s obligations under this chapter. (2) If a covered provider knows that an identifiable third-party licensee modified a licensed GenAI system such that it no longer complies with this chapter, the covered provider shall do either of the following: (A) Terminate the licensee’s authorization to use the GenAI system within 72 hours of discovering the licensee’s action. (B) Notify the licensee of both of the following within 72 hours of discovering the licensee’s action: (i) The licensee’s noncompliance. (ii) The requirement to report noncompliance with paragraph (3) to the Attorney General pursuant to paragraph (4). (3) A third-party licensee that receives a notice under paragraph (2) shall modify the licensed GenAI system to be in compliance with this chapter or cease using or making available the licensed GenAI system, including a copy or modified version of the GenAI system and shall report which of those actions it took to the covered provider within 96 hours of receipt of the notice. ／ (5) This subdivision does not require a covered provider to monitor, investigate, or otherwise inquire into a third-party licensee’s use or modification of a licensed GenAI system. — 軽微な改変の定義、埋め込みの対象・情報・条件、ライセンス先への通知と報告の規定より

“Latent” means present but not manifest. ／ “Manifest” means easily perceived, understood, or recognized by a natural person. — SB1000による改正前のlatentとmanifestの定義規定より

(3) The disclosure is compatible with the covered provider’s disclosure verification tool. (4) The disclosure is compliant or interoperable with widely recognized industry standards. — 埋め込みが満たす条件のうち、開示検証ツールと業界標準に関する記述より

(d) This section does not require a large online platform to take any action with respect to provenance data, system provenance data, or digital signatures that are not compliant or interoperable with widely adopted specifications issued by an established standards-setting body. — 仕様に準拠しない来歴データへの対応に関する記述より

22757.2. (a) A covered provider shall make available a disclosure verification tool at no cost to the user that meets all of the following criteria: (1) The tool allows a user to assess whether image, video, or audio content, or content that is any combination thereof, was created or altered, except by minor modification, by the covered provider’s GenAI system. (2) The tool outputs any system provenance data that is detected in the content. (3) (A) Except as provided in subparagraph (B), the tool does not output any personal information that is detected in the content. (B) The tool may output personal information that is detected in the content if the user to whom the personal information pertains expressly consents, clearly and conspicuously in plain language, to including personal information specified by the user in the content pursuant to a notice that does both of the following: (i) Informs the user of the personal information that may be output by the tool. (ii) Informs the user that once personal information is embedded into provenance data and exported, the information becomes part of the file’s permanent digital footprint and cannot be retracted from copies already in circulation. (4) (A) Subject to subparagraph (B), the tool is publicly accessible. (B) A covered provider may impose reasonable limitations on access to the tool to prevent, or respond to, demonstrable risks to the security or integrity of its GenAI system or to prevent misuse of the tool for malicious purposes. (5) The tool allows a user to upload content or provide a uniform resource locator (URL) linking to online content. (6) The tool supports technology, including an application programming interface, that allows a user to invoke the tool without visiting the covered provider’s internet website. ／ (b) A covered provider shall collect user feedback related to the efficacy of the covered provider’s AI disclosure verification tool and incorporate relevant feedback into any attempt to improve the efficacy of the tool. ／ (c) (1) Except as provided in paragraph (2), a covered provider shall not collect, use, retain, sell, share, or otherwise make available personal information derived either from a user of the covered provider’s AI disclosure verification tool or from any content processed by the disclosure verification tool beyond what is strictly necessary to comply with this chapter. (2) A covered provider may collect, retain, or use personal information for the sole purpose of communicating with a user that opts into being contacted by the covered provider. ／ (d) A covered provider shall not make access to the covered provider’s GenAI system or disclosure verification tool contingent upon a user providing personal information beyond what is strictly necessary to comply with this chapter. ／ (e) A covered provider may satisfy the requirements of this section by directing a user to a third-party disclosure verification tool that is all of the following: (1) In compliance with this section. (2) Compatible with latent disclosures included in content produced or altered by the covered provider’s GenAI system. (3) Clearly and conspicuously accessible through the user interface of the covered provider’s GenAI system. — 開示検証ツールが満たす6つの条件、フィードバックの収集、個人情報の取り扱い、第三者ツールによる代替の規定より

(d) A covered provider shall not falsely represent that a GenAI system is designed to primarily function as assistive technology. ／ 22757.4. (a) (1) A violator of this chapter shall be liable for a civil penalty in the amount of five thousand dollars ($5,000) per violation to be collected in a civil action filed by the Attorney General, a city attorney, or a county counsel. (2) A prevailing plaintiff in an action brought pursuant to this subdivision shall be entitled to all reasonable attorney’s costs and fees. (b) Each day that a covered provider, large online platform, or capture device manufacturer is in violation of this chapter shall be deemed a discrete violation. (c) A civil action brought under this section before the effective date of the act adding this subdivision shall not be maintained if the alleged conduct does not violate this chapter on and after the effective date of the act adding this subdivision. ／ 22757.4.1. (a) (1) A violator of subdivision (d) of Section 22757.3 shall be liable for a civil penalty in the amount of fifty thousand dollars ($50,000) per violation to be collected in a civil action filed by the Attorney General, a city attorney, or a county counsel. ／ (b) Each day that a covered provider is in violation of this section shall be deemed a discrete violation. (c) This section shall remain in effect until January 1, 2029, and as of that date is repealed. — 支援技術と偽る行為の禁止、民事罰の額と請求の主体、1日ごとの違反、改正前の訴訟、支援技術と偽る行為への罰則と適用期限より

A covered provider that violates this chapter shall be liable for a civil penalty in the amount of five thousand dollars ($5,000) per violation to be collected in a civil action filed by the Attorney General, a city attorney, or a county counsel. — AB853による改正前の罰則の書き方より

(h) “GenAI hosting platform” means an internet website or application that makes available for download the source code or model weights a generative artificial intelligence system by a resident of the state, regardless of whether the terms of that use include compensation. ／ (i) (1) “Large online platform” means a public-facing social media platform, file-sharing platform, mass messaging platform, or stand-alone search engine that distributes content to users who did not create or collaborate in creating the content that exceeded 2,000,000 unique monthly users during the preceding 12 months. (2) “Large online platform” does not include either of the following: (A) A broadband internet access service, as defined in Section 3100 of the Civil Code. (B) A telecommunications service, as defined in Section 153 of Title 47 of the United States Code. (j) “Mass messaging platform” means a direct messaging platform that allows users to distribute content to more than 100 users simultaneously. — ホスティング基盤・大規模オンラインプラットフォーム・一斉メッセージ基盤の定義と除外規定より

22757.3.1. (a) A large online platform shall do all of the following: (1) Detect whether any provenance data is embedded into, attached to, or otherwise associated with content distributed on the large online platform. (2) (A) Provide a user interface that reliably indicates whether any system provenance data or digital signature embedded into, attached to, or otherwise associated with content identifies the content as having been generated or substantially altered by a GenAI system or captured by a capture device. (B) The user interface required by this paragraph shall make clearly and conspicuously available to users information sufficient to identify the content’s authenticity, origin, or history of modification, including, but not limited to, all of the following: (i) Whether provenance data is embedded into, attached to, or otherwise associated with the content. (ii) The name of the GenAI system or capture device that created or substantially altered the content, if applicable. (iii) Whether any digital signatures are embedded into, attached to, or otherwise associated with the content. (3) Allow a user to inspect any system provenance data embedded into, attached to, or otherwise associated with the content in an easily accessible manner. The large online platform may satisfy this requirement by any of the following means: (A) Displaying the system provenance data directly through the large online platform’s user interface pursuant to paragraph (2). (B) Providing a link to an internet website or other application that displays the system provenance data, including a website or application operated by a third party. (C) Allowing a user to download any provenance data embedded into, attached to, or otherwise associated with the content, subject to any applicable federal copyright laws, in a format that cannot be easily embedded into, attached to, or associated with unrelated content. (b) The obligations set forth in subdivision (a) shall not be construed to require a large online platform to maintain, display, or allow a user to download personal information. (c) A large online platform shall not, to the extent technically feasible, knowingly strip any system provenance data or digital signature from content uploaded to, distributed on, or downloaded from the large online platform. (d) This section does not require a large online platform to take any action with respect to provenance data, system provenance data, or digital signatures that are not compliant or interoperable with widely adopted specifications issued by an established standards-setting body. (e) This section shall become operative on January 1, 2027. — 大規模オンラインプラットフォームの義務と適用開始日（AB2713による改正後）より

22757.3.2. (a) A GenAI system hosting platform shall not knowingly make available a GenAI system that does not place disclosures pursuant to Section 22757.3. (b) This section shall become operative on January 1, 2027. — ホスティング基盤の義務と適用開始日より

(a) A capture device manufacturer shall, with respect to any capture device the capture device manufacturer first produced for sale in the state on or after January 1, 2028, do both of the following: (1) Provide a user with the option to include a latent disclosure in content captured by the capture device that conveys all of the following information: (A) The name of the capture device manufacturer. (B) The name and version number of the capture device that created or altered the content. (C) The time and date of the content’s creation or alteration. (2) Embed latent disclosures in content captured by the device by default. (b) A capture device manufacturer shall comply with this section only to the extent technically feasible and compliant with widely adopted specifications adopted by an established standards-setting body. (c) This section shall become operative on January 1, 2028. ／ “Capture device” means a device that can record photographs, audio, or video content, including, but not limited to, video and still photography cameras, mobile phones with built-in cameras or microphones, and voice recorders. ／ “Capture device manufacturer” does not include a person exclusively engaged in the assembly of a capture device. — 撮影機器メーカーの義務と適用開始日、撮影機器の定義、組み立てだけを行う者の除外より